Getting paid for due holiday from work??

shane8960

Hi,

My girlfriend took a job 3 months ago at a local nursery. The job was advertised as full time & permanent. The first thing she noticed was that almost every week, there where a few people off, leaving them very short staffed. She thought nothing of it as it was holiday season. However the last few weeks they have been overstaffed, due to no-one being on holiday and they have now told her that her work isn't good enough and they are letting her go (as its the end of her 3 month trial). We are convinced they only took her on to cover holidays, but there is nothing we can do about this (I dont think )

Anyway, the main thing is she has just received her last pay slip and it is just for the days she worked but she is still owed about 3 days holiday. They took her into an office and said basically that she wasnt good enough and she could leave now if she wanted (which she did), so she didnt work any notice period, but they told her she didnt have to.

Is she entitled to ask for the holiday pay?

Thanks, Shane

jobbingmusician

Yes, I strongly believe she is. I suggest she sends them a letter along the following lines.

Dear xxxx

I worked for xxxxxx Nursery from xx.xx.2006 to xx.xx.2006. On the final day of my employment you notified me that you did not require my services any more, and that I did not have to work my notice period.

You have paid me for the period of my employment [and my notice period]* but have not paid me for the holiday I accrued whilst in your employment. I calculate this to be 3 days' pay, but would be grateful to receive your calculations, together with the money owing for this outstanding pay.

If this payment does not arrive by [I suggest 10 days' time!] I will take further legal advice and actions to recover it.

Yours sincerely,

*Delete this bit if not true!

Savvy_Sue

She could double check with ACAS - did she ever have any kind of contract? That might say that paid holiday couldn't be taken until after the first X weeks, but AFAIK it would still build up. There are descriptions there of how to work out holiday pay entitlement if you don't work regular hours as well.

jobbingmusician

Paid holiday deffo does build up for all contracts of 3 months and above

jasonrat

holiday pay is normally averaged at the last 13 weeks of empoyment. so if she worked 5 full days on average of the last 13 weeks then shes entitled to 5 days. if however she did some 5 day weeks and some 3 day weeks work this will work out an average of 4 days holiday pay. depends how many days she worked. if she only did one day a week shes not entitled to 7 days holiday pay